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State Of Bihar vs Sri Rajendra Agrawalla on 18 January, 1996 cites

Mrs. Rupan Deol Bajaj & Anr vs Kanwar Pal Singh Gill & Anr on 12 October, 1995

It has been held by this Court in several cases that the inherent power of the court under Section 482 of the Code of Criminal Procedure should be very sparingly and cautiously used only when the court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the court, if such power is not exercised. So far as the order of cognizance by a Magistrate is concerned, the inherent power can be exercised when the allegations in the First Information Report or the complaint together with the other materials collected during investigation taken at their face value, do not constitute the offence alleged. At that stage it is not open for the court either to shift the evidence or appreciate the evidence and come to the conclusion that no prima facie case is made out. In a recent Judgment of this Court to which one of us (Hon. K. Ramaswamy, J.) was a member it has been held, following the earlier decision in Mrs. Rupan Deol Bajaj & Anr. v. Kanwar Pal Singh Gill & anr. (JT 1995 (7) SC 299) :
Supreme Court of India Cites 33 - Cited by 877 - M K Mukherjee - Full Document
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